William A. Kaplin - The Law of Higher Education

Subjects: LCSH: Universities and colleges—Law and legislation—United States. | School management and organization—Law and legislation—United States. | Universities and colleges—United States—Administration.

Classification: LCC KF4225 .K375 2020 (print) | LCC KF4225 (ebook) | DDC 344.73/074—dc23

LC record available at https://lccn.loc.gov/2019041168

LC ebook record available at https://lccn.loc.gov/2019041169

Cover design by Michael Cook

The authors have prepared a compilation of teaching materials for classroom use (see below) that is available in electronic format free of charge for instructors who adopt this Student Version as a required text. In addition, we have a website supporting the Student Edition (as well as the full 6th Edition of The Law of Higher Education ) that is accessible to both instructors and students; it includes new developments, clarifications, and errata that update and supplement the 6th Edition and the Student Version . We have also prepared an Instructor’s Manual that provides suggestions on using the Student Version as a course text and on organizing and teaching higher education law courses. It is available, only to instructors, on the website. This website is hosted by the National Association of College and University Attorneys (NACUA) and is available at https://www.nacua.org/resource-library/resources-by-type/the-law-of-higher-education-6th-edition. The teaching materials, Cases, Problems, and Materials for Use with the Law of Higher Education, Fifth Edition, Student Version , is for instructors and students in courses on higher education law or administration, as well as for leaders and participants in workshops that address higher education legal issues. These teaching materials include court opinions carefully edited by the authors and keyed to the Student Version , notes and questions about the cases, short problems designed to elicit discussion on particular issues, a series of “large-scale” problems suitable for role playing, and guidelines for analyzing and answering all the problems. Cases, Problems, and Materials (Student Version) is published by NACUA (which also hosts the website for the Student Version and the full 6th Edition ) and is available both in electronic format that can be downloaded from NACUA’s website ( https://www.nacua.org/resource-library/resources-by-type/the-law-of-higher-education-6th-edition) and in hard copies that may be purchased at cost from NACUA. Any instructor who has adopted the Student Version as a required course text may download a copy of Cases, Problems, and Materials , or selected portions of it, free of charge and reproduce the materials for distribution to the students in the course. No other reproduction, distribution, or transmission is permitted. For hard copies, direct inquiries and orders to:

Assistant Director of Legal Resources

National Association of College and University Attorneys

Suite 620, One Dupont Circle, NW

Washington, D.C. 20036

(202) 833–8390; Fax (202) 296–8379

Further instructions for downloading or purchasing Cases, Problems, and Materials are on the NACUA Web site ( https://www.nacua.org/resource-library/resources-by-type/the-law-of-higher-education-6th-edition).

The authors, in cooperation with the publisher, have made arrangements for two types of periodic updates for the Student Version (and the full 6th Edition ) of The Law of Higher Education . First, the National Association of College and University Attorneys (NACUA) has generously agreed to host a website for the Student Version and the full 6th Edition to provide periodic postings of new developments and clarifications that update and supplement both books. This website is available to all readers and may be accessed through the NACUA website ( https://www.nacua.org/resource-library/resources-by-type/the-law-of-higher-education-6th-edition). These updating services are intended as a response to the law's dynamism—to the rapid and frequent change that occurs as courts, legislatures, government agencies, and private organizations develop new requirements, revise or eliminate old requirements, and devise new ways to regulate and influence institutions of higher education.

The crosswalk below directs interested readers from particular sections of the Student Version to the parallel section or sections in The Law of Higher Education, Sixth Edition. Since LHE 6th is a larger work ( 2 volumes), it contains more citations of resources and more case examples than the Student Version. This additional material in LHE 6th may be useful to instructors preparing classes and to students engaging in research or independent study. In addition, LHE 6th includes various sections covering topics—usually specialized topics of primary interest to practitioners—that are not treated in the Student Version . Although these additional sections in LHE 6th are not shown on this crosswalk, interested readers may view the entire Table of Contents of LHE 6th by going to the NACUA website that supports LHE 6th and the Student Version (see “Notice of webSite and Periodic Supplements,” previously in the front matter) .

Much as it takes a village to raise a child (a saying of obscure origin), it takes an “academical village” (Thomas Jefferson's phrase) to raise a book—at least a book such as this that arises from, and whose purpose is to serve, a national (and now international) academic community. This Student Version of the sixth edition is dedicated to all those members of our academical village, especially the instructors and students, who in numerous and varied ways have helped raise this book from its origins through this sixth edition, and this Student Version, and to all those members who will face the great challenges of law and policy that will shape higher education's future .